ARTICLE I.  IN GENERAL

Sec. 114-001.       Purpose

This Ordinance is enacted in accordance with the master plan of the City of Martindale adopted in 1997 and subject to amendment thereafter to promote the safety, health, and general welfare of the community by regulating development within the City, to lessen congestion in the streets, secure safety from fire, panic and other dangers, promote health and the general welfare, provide adequate light and air, prevent the overcrowding of land, avoid undue concentration of population, and to facilitate the adequate provision of transportation, water, sewers, schools, parks, and other public requirements.

Sec. 114-002.       Definitions

For the purposes of this Ordinance the following terms, phrases, words, and their derivations shall have the meaning given herein. When consistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory, while the word "may" implies an option. Definitions not expressly prescribed herein are to be determined in accordance with the law. Definitions expressly prescribed herein are to be construed in accordance with the city's subdivision ordinance or other applicable ordinances of the city, or in the absence of such ordinances, then in accordance with the customary usage in municipal planning, surveying, and engineering practices.

Access:  A means of egress and ingress from a tract of land to a dedicated right-of-way or from a city-approved private street. 

Accessory building:  A structure, the use of which is incidental, appropriate, and subordinate to that of the principal structure on the same lot.  

Accessory use:  A land use, activity, or structure that is customarily incidental, appropriate, and subordinate to the principal use of the land or of the principal structure on the same lot. 

Agriculture:  The use of land including but not limited to farming, dairying, ranching, or animal or poultry husbandry, and the necessary accessory operations for packing, crating, or storing the produce; provided that the operations of any such accessory operations must be secondary to that of the normal agricultural activities. 

Apartment:  See Multifamily.   

Basement:  That part of a building with more than half its height below the average ground level. A basement shall not be counted as a story. This term includes cellar. 

Board:  The board of adjustment of the City of Martindale. 

Boardinghouse:  A dwelling, other than a hotel or motel, where not more than four separate sleeping rooms for unrelated persons are provided for compensation. This term includes roominghouse. 

Buildable area:  That portion of a lot remaining after the required setbacks have been provided.  

Building height:  The vertical distance from the average ground level to the highest point of the roof. 

Building line:  A line within a lot defined by the minimum permitted horizontal distance from an adjacent property line.  

Cellar:  See Basement.   

Child care center:  Any place, home, or institution which provides temporary custodial care and is regulated by the State of Texas. 

Commission:  The Planning and Zoning Commission of the City of Martindale. 

Comprehensive master plan:  A statement of public policy containing the goals and objectives of the community which may include: 

(1)    Capital improvements programs;

(2)    Land use plan;

(3)    Thoroughfare plan;

(4)    Community facilities plan;

(5)    Subdivision and zoning regulations and other development codes, ordinances, policies, and plans promulgated by the council for the quality and orderly growth of the community.

Condominium:  A type of multifamily dwelling in which each dwelling unit is owned by the occupant but in which the halls, entranceways, and underlying land are wholly or in part jointly owned. 

Council:  The City Council of the City of Martindale. 

Development type:  The form and use of a residential structure allowed or permitted within the various residential districts within the City. 

Duplex:  A residential development type which provides for two dwelling units within a single principal structure. Separate ownership of units with separate and/or common ownership of portions of accessory buildings or yard areas does not constitute a condominium. 

Dwelling unit:  A single unit providing complete independent living facilities for one or more persons; including permanent provisions for living, sleeping, eating, cooking, and sanitation. 

Family home day care (adult): A facility that regularly provides care in the caretaker’s own residence for not more than six adults at any given time, and that conforms to Chapter 42 of the Human Resources Code of the State of Texas and all other applicable state standards.

Family home day care (children):  A facility that regularly provides care and supervision in the caretaker’s own residence for not more than six children under the age of 14 years, excluding the caretaker’s own children, and that conforms to Chapter 42 of the Human Resources Code of the State of Texas and all other applicable state standards.

Frame Vernacular: Architecture having a wooden framework, often exposed, with plaster, brick, stone, or other masonry filling the spaces.

Gable Roof Style: A roof having a single slope on each side of a central ridge; usually with a gable at one or at both ends of the roof.

Gross density:  The number of dwelling units per acre utilizing the entire parcel of land, including open spaces and one-half of the adjoining right-of-way.

Group home: A specialized lodging and boarding house which provides long term supervised housing in a conventional residential setting for no more than six persons who are physically, mentally, or developmentally disabled or are victims of crime, and having no more than two supervisory personnel in residence at the same time.

Guest house:  An attached or detached accessory unit containing no kitchen or cooking facilities, used to house guests of the occupants of the principal building, and which is not rented separately.

Heavy industry:  Establishments engaged in the manufacturing of products from extracted or raw materials or the bulk storage and handling of such products and materials; or a use engaged in storage or manufacturing processes involving flammable or explosive materials or storage and manufacturing processes that involve potentially hazardous materials or materials commonly recognized as offensive.  Uses in this category typically involve a high incidence of truck or rail traffic and outdoor storage of products, materials, equipment or bulk fuel.  Heavy industry includes such uses as chemical manufacturing or processing; food processing and packaging plants over 10,000 square feet in size; laundry and dry cleaning plants over 10,000 square feet in size; oil or gas wells and facilities for exploration, production or refining of oil or gas; gas or oil pipeline manufacturing; tank farms, oil or gas storage; slaughterhouses and animal stockyards; concrete, asphalt and tar plants; scrap, junk or metal recovery yards, tire storage or recycling yards; stonework and concrete manufacturing; power generation plants; mining or excavation for commercial purposes; refuse collection, refuse transfer and recycling facilities that are not fully enclosed; sanitary landfills; and other similar uses.

Home occupation:  Any occupation or profession carried on by the inhabitants of a dwelling which is clearly incidental and secondary to the use of the structure for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory buildings; provided that no trading in merchandise is carried on.

Hotel:  A building or group of buildings designed and occupied as a temporary abiding place of individuals. To be classified as a hotel or motel, an establishment shall provide five or more individual guestrooms or units and shall furnish customary hotel services such as linen, maid service, telephone, use and upkeep of furniture. This term includes motels. 

HUD-Code manufactured home:  A structure, constructed on or after June 15, 1976, meeting the National Manufactured Home Construction and Safety Standards Act as administered by the United States Department of Housing and Urban Development.  The term does not include mobile homes or recreational vehicles as defined in this section. 

Indoor recreation, entertainment, and amusement facilities:  Arcade, billiard/pool hall, bowling alley, skating rink, gymnasium, natatorium, health club, or theater within an entirely enclosed building. 

Industrialized dwelling:  See Modular dwelling.

Land use plan:  A document adopted by the council which attempts to identify and guide growth within the city, and is a part of the comprehensive master plan. 

Landscape area:  An area greater than one foot in width within the developed area of a lot or parcel that is comprised of pervious surface integrated with living plant material, including but not limited to trees, shrubs, flowers, grass or other living ground cover, or native vegetation.  Undeveloped portions of the site cannot be considered landscaped area.

Light industry:  An establishment engaged in the manufacture of finished products or parts, predominately using previously prepared materials, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales and distribution of such products.

Lot depth:  The average of the length of the side lot lines.  

Lot width:  The average of the length of the front lot line and of the rear lot line. 

Manufactured home:  A HUD-Code manufactured home. 

Manufactured home park:  A tract of land not less than five acres in size under single ownership, which is designed and improved to contain two or more spaces available for long term lease or rent to the public for the placement of manufactured homes, and which may include private streets, buildings, and other facilities and services for common use by the residents, in conformance with the regulations and Ordinances of the City.  

Manufactured home subdivision:  A division of land not less than five acres in size for the purpose of sale of two or more lots intended to be developed with residential units including manufactured homes, and having all necessary public utilities, streets, and other facilities required by the Subdivision Ordinance. 

Mobile home:  A structure that was constructed before June 15, 1976, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. The term does not include recreational vehicles as defined in this section. 

Modular dwelling:  A prefabricated single-family or duplex dwelling assembled on a permanent foundation that is not a manufactured home, as defined in this section, and has been constructed and inspected so that it complies with the Texas Industrialized Housing and Buildings Act as administered by the Texas Department of Licensing and Regulation, and which complies with the International Residential Code as currently adopted by the City of Martindale. Modular dwellings shall be considered the same as the corresponding site-built single-family or duplex residential development types for the purpose of regulation under this Ordinance.  

Motel:  See Hotel.   

Multifamily:  A residential development type which provides for five or more dwelling units within a single principal structure. Separate ownership of one or more units shall constitute a condominium. This term includes and is synonymous with apartment. 

Nonconforming building:  Any building, or part thereof, lawfully existing or occupied at the effective date of this Ordinance that does not comply, after the passage of this Ordinance, with the height, yard, or coverage area regulations of the district in which it is located. 

Nonconforming lot:  Any lot lawfully existing at the effective date of this Ordinance that does not comply, after the passage of this Ordinance, to the width, depth, and area regulations of the zoning district in which it is located. 

Nonconforming use:  Any use lawfully existing at the effective date of this Ordinance that does not comply, after the passage of this Ordinance, with the use, parking, loading, or screening regulations of the district in which it is located. 

Patio home:  A residential single-family development type which provides for utilization of the presently existing small lots within the city. This term includes zero-lot-line home, garden home, and other similar dwellings. 

Principal structure:  The primary building on a lot which by its design defines the use and character of the tract.  

Recreational vehicle:  A vehicular-type portable structure without a permanent foundation that can be towed, hauled, or driven which is designed as a temporary living accommodation for recreational, camping, and travel use, and which includes but is not limited to travel-trailers, truck-campers, camping trailers, and self-propelled motor homes. 

Recyclable material:  A nonputrescible, source-separated, nonhazardous material that has been recovered or diverted from the municipal waste stream for purposes of reuse, recycling, or reclamation, a substantial portion of which is consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials. 

Recycling facility:  A collection point for recyclable materials that is exempt from Texas Commission on Environmental Quality municipal solid waste permitting and registration requirements under the Texas Administrative Code. 

Roominghouse:  See Boardinghouse.   

Row house:  See Townhouse.   

Sexually-oriented business:  An adult book store, adult video arcade, adult movie theater, massage parlor (other than a state registered massage or therapy service), sexual encounter center, nude modeling studio, cabaret, gentlemen's' club, or other establishment that either: 1) has any form of live or recorded entertainment that provides sexual stimulation or sexual gratification to patrons; and/or, 2) which devotes more than 20 percent of its merchandise display area, or signage or other advertising, to the sale, rental, or exhibition of devices, materials, or other items used for sexual stimulation or gratification or which depict sexual nudity or sexual activities, or which derives more than 20 percent of its gross net revenues from such sales, rental, or exhibition. 

Sight visibility triangle:  The area at the intersection of two streets or a driveway and street, within which nothing may be placed, planted, erected, or allowed to grow in a manner which will obstruct the vision of motorists entering or leaving the intersection.  The triangle is formed by measuring 25 feet along each street from the intersection of two streets, or 15 feet at the intersection of a driveway and street, and connecting the ends of those two lines.  No structure, sign, fence, or plant material above 3 feet and below 12 feet in height may be placed in the sight triangle, except for a single pole 18 inches or less in diameter.

Single-family residence:  A residential development type which provides for a single dwelling unit within a single principal structure.  Unless specifically stated elsewhere, only one single-family residence may be permitted per lot. 

Single-family residence, attached:  A single-family dwelling situated on a separate lot but attached to another dwelling on one or more sides by a party wall or walls.  See Townhouse.

Single-family residence, detached: A dwelling that is not attached to any other dwelling, excluding accessory buildings. 

Structure:  Anything constructed or erected on the ground including, but not limited to, buildings, factories, sheds, cabins, manufactured homes, and other similar forms. 

Thoroughfare plan:  A document adopted by the council which attempts to identify and guide the locations of arterial and collector streets within the city and is a part of the comprehensive master plan. 

Townhouse:  A residential development type which provides for five or more dwelling units generally separated by common walls within a single structure. Usually each dwelling unit is placed on an individually owned lot and each story of the structure on each lot is under the same ownership. Some areas and yards may be commonly owned. A townhouse where the lot under and immediately adjacent to the structure is individually owned does not constitute a condominium. This term includes row house. 

Use:  Any activity, function, or purpose to which a parcel of land or building is put and shall include the words "used," "arranged," or "occupied," for any purpose, including all residential, commercial business, industrial, public, or other use. 

Accessory use:  A use which is wholly incidental to and supportive of the principal use of the same lot. 

Principal use:  The primary purpose for which land or a building is used as permitted by the applicable zoning district. 

Yard:  An open space of ground between a structure and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard, the least horizontal distance between the lot line and the structure shall be used.

Front yard:  A yard across the full width of the lot from the front wall of a structure to the front line of the lot. 

Rear yard:  A yard across the full width of the lot from the rear wall of a structure to the rear line of the lot. 

Required yard:  The area between a lot line and the adjacent setback line. The area within a lot which does not constitute a buildable area. 

Side yard:  A yard between the wall of a structure and the adjacent side line of the lot, and extending from the front wall of a structure to the rear wall of a structure.  No vertical structures, other than fences and air conditioner compressors, are allowed in any required yard.

Victorian architecture:  A style of architecture, decoration, and furnishing of the 19th cent., characterized by massiveness, flowery carving, and ornate design.

Zoning Administrator:  The same person designated by the City Council as Building Official of the City, unless City Council designates a separate zoning administrator.

Secs. 114-003—114-029.  Reserved.

ARTICLE II. OFFICIAL ZONING MAP

Sec. 114-030.       Delineation of Districts

The City is hereby divided into zones, or districts, and the boundaries of zoning districts set out herein are delineated upon the Official Zoning Map of the City, adopted herein.  All land, buildings, structures or appurtenances located within the City shall be occupied, used, erected, altered, removed, placed, demolished and/or converted in conformance with the zoning regulations prescribed for the zoning district in which the land, building, structure or appurtenance is located.  All of the standards and regulations contained herein shall be considered as minimum requirements unless explicitly stated otherwise.

Sec. 114-031.       Authenticity and maintenance.

(a)   The city adopts and declares to be a part of this Ordinance that map prepared in 2008, and adopted on the date of passage of this Ordinance as the official zoning map.

(b)   The map shall be signed by the zoning administrator to attest to its accuracy.

(c)   The map shall be signed by the mayor to attest to its adoption by the city council.

(d)   The map shall be signed by the city secretary to attest to its authenticity and to its receipt on the date of adoption.

(e)   The map shall be displayed in a secured transparent-faced case at a public location at City Hall.

(f)   Changes to the official zoning map shall be made only under the direct supervision of the zoning administrator.

(g)   Changes made to the corporate limits of the city or additions or subdivisions approved by the council and subsequently recorded shall be added to the map and a marginal notation made giving the annexation ordinance number and adoption date, along with the volume and page where recorded, or the subdivision/addition name and the plat book and page where recorded. The notation shall be dated and initialed by the zoning administrator.

(h)   Rezoned tracts shall be individually outlined on the map. Each rezoned tract shall be marked with a sequential key number and a marginal notation made giving the key number, new zoning designation, agency approving such action, and a reference to the ordinance or court order authorizing such action. The notation shall be dated and initialed by the zoning administrator.

(i)   Copies of all or part of the official zoning map may be made for use, sale, or reference; but only the original of the official zoning map, as amended, shall be deemed as the official current zoning status within the city.

(j)   If the official zoning map becomes difficult to interpret due to damage or due to the number and/or nature of changes or additions thereto, the council may adopt by ordinance a new official zoning map which shall supersede the prior map. The new official zoning map may also correct drafting or other errors or omissions in the prior map, but no such correction shall have the effect of amending the prior map. The new official zoning map shall reference the effective date of the prior map and shall be attested and authenticated as in subsections (b), (c), and (d), of this section.

(k)   Should the official zoning map become lost or destroyed, a new official zoning map shall be reconstructed by the zoning administrator from any reliable source of copies and from such other documentation available. After a public hearing concerning the accuracy thereof, the council may adopt by ordinance such map to be the new official zoning map. The new official zoning map shall be attested and authenticated as in subsections (b), (c), and (d), of this section. Should the lost map be discovered prior to amendment of the reconstructed map, the reconstructed map shall be void. If one or more amendments have been made to the reconstructed map, such corrections to the reconstructed map, as are needed to bring it into conformity with the previously lost map, shall be made by the zoning administrator as in subsection (h) above, and those property owners affected by the corrections notified by ordinary mail. The reconstructed map shall then continue in effect as the official zoning map.

(l)    Any superseded official zoning map, or remaining portions thereof, along with documentation of actions modifying such maps shall be maintained in the files of the city.

Sec. 114-032.       Interpretation.

Where uncertainties exist with respect to the intended boundaries of the various districts as shown on the official zoning map, the following rules shall apply:

(1)   Unless otherwise clearly shown on the map, where district boundaries follow the centerline of a street, alley, waterway, railroads, or other rights-of-way, the centerline of such or, where appropriate, the extension or continuation of the centerline shall be construed to be the district boundary.

(2)   Unless otherwise clearly shown on the map, where district boundaries follow approximately along lot or tract lines, the actual lot or tract line or, where appropriate, the extension thereof, shall constitute the boundary.

(3)   When property is hereafter subdivided into lots and blocks and the district lines on the official zoning map differ from the platted lines, the nearest platted line shall become the district boundary unless indicated otherwise on the plat of such subdivision.

(4)   Where a district boundary crosses an existing platted or described lot or tract, the nearest existing property line, as of January 1, 2008, shall be construed to be such district boundary.

(5)   Where a district boundary crosses an unsubdivided tract larger than two acres, the location of such boundary shall be determined from the nearest identifiable line shown on the map by use of the scale appearing on the map.

(6)   When none of the above apply or there is a dispute as to actual location of the district boundary, the commission shall make such determination.

Secs. 114-033--114-060.  Reserved.

ARTICLE III.         NONCONFORMANCE

Sec. 114-061. Nonconforming uses.

(a)   In those areas annexed in which nonconforming uses exist at the time of annexation, such uses may be continued, subject to the provisions of this section.

(b)   Any use which is listed as a specific use within the district for which it is zoned shall be considered to be a nonconforming use until a specific use permit has been granted.

(c)   No existing building or portion thereof devoted to a nonconforming use shall be enlarged, extended, constructed, reconstructed, moved, or otherwise structurally altered except that it may be repaired or remodeled provided that the gross floor area is not increased. The nonconforming use shall cease if the total cost of repairs or remodeling would exceed 60 percent of its assessed value for tax purposes.

(d)   A nonconforming use may be extended throughout any parts of a building that were manifestly arranged or designed for such use at the time of adoption of this Ordinance, but no such use shall be extended to occupy any land outside such building except to provide required off-street loading or off-street parking space.

(e)   A conforming use in a nonconforming building may be changed to another conforming use.

(f)   When a nonconforming use is changed to a conforming use, it shall not thereafter be changed back to a nonconforming use.

(g)   A nonconforming use shall not be changed to another nonconforming use, unless authorized as a special exception by the board of adjustment.

(h)   When a nonconforming use is discontinued for a consecutive period exceeding six months, whether with intent to abandon such use or not, the use shall not resume except in conformance with the regulations of the district in which the premises is located, or unless a special exception is granted for resumption of the discontinued use as authorized in section 114-130. Resumption of a discontinued nonconforming use shall be subject to compliance with all applicable building and fire codes.

Sec. 114-062. Nonconforming buildings.

(a)   A nonconforming building, as defined in this Ordinance, shall not be enlarged, nor shall it be structurally altered, unless such enlargement or alteration is otherwise in conformance with all applicable standards of the district in which it is located, or to provide for continued safe use of the structure as determined by the building official.

(b)   Nonstructural repair or remodeling of a nonconforming building is permitted provided that the degree of nonconformity is not increased.

(c)   A nonconforming building shall not be repaired, restored, or reconstructed if it is destroyed or damaged above its foundation to such an extent that the cost to restore the structure to its condition prior to the damage exceeds 60 percent of its assessed value for tax purposes, exclusive of the value of the foundation. If the building can be repaired, restored, or reconstructed at a cost of less than 60 percent of its assessed value, it may then continue to be used as before. Such repair, restoration, or reconstruction must be completed within 12 months of the damaging event.

(d)   When a nonconforming building is in the process of construction (all foundation forms being in place) or in the process of alteration or repair (all materials having been delivered) on the date that the premises is annexed into the city limits, the construction, alteration, or repair may be continued upon issuance of a building permit. Such construction, alteration, or repair shall be completed within 12 months of annexation.

Sec. 114-063. Nonconforming lots.

(a)   A nonconforming lot, as defined in this Ordinance, may be developed or redeveloped if it is shown by a recorded plat or deed to have been owned separately and individually from adjoining parcels of land on January 1, 2008, and since that date has remained under different ownership from all adjoining parcels.

(b)   In any residential district, a dwelling permitted by the applicable district regulations may be erected on a lawfully nonconforming lot having no dimension or area less than 70 percent of the normal minimum required provided that the lot and buildings thereon comply with all other requirements of the district except that, where the lot width is nonconforming, side-yards may be reduced to a minimum of five feet where a greater setback would otherwise be required.

(c)   In districts other than residential, a building designed for a use permitted-by-right in the applicable district may be erected on a lawfully nonconforming lot provided that the lot and buildings thereon comply with all other requirements of the district.

Sec. 114-064. Prohibited installation of mobile home.

It shall be unlawful from and after the effective date of this Ordinance to install any mobile home, as defined by this Ordinance, on any lot, tract, or parcel of land or manufactured home park within the limits of the City of Martindale. Existing mobile homes may remain until such time that the legal nonconforming status is terminated as provided in section 114-061. Replacement of a mobile home with, or the first time installation of, a manufactured home may be permitted, but only in conformance with the applicable provisions of this Ordinance and of other applicable regulations and Ordinances of the City.

Secs. 114-065 – 114.090.  Reserved.

ARTICLE IV.         ZONING AGENCIES, CHANGES, VARIATIONS AND ANNEXATIONS

Sec. 114-091. Building official.

(a)   Building official.  The building official is the city staff member or consultant who is the chief code enforcement officer for zoning and for building construction compliance. The building official and his alternate are appointed by the City Council. The building official shall serve as a staff resource person during those meetings of the commission, the board, or the council when a zoning action is before that body. 

(b)   Responsibilities and duties.  The building official shall have the following responsibilities and duties: 

(1)   Review and participate in staff processing of the following:

a.   Building permits;

b.   Zoning variance requests;

c.   Specific use permits;

d.   Rezoning requests;

e.   Special exceptions.

(2)   Code enforcement:

a.   The building official is responsible for enforcement of building codes adopted by the council.

b.   As chief code enforcement officer the building official shall issue a stop order or a citation against any person in violation of this Ordinance and shall revoke any permit where it appears that there is a departure from plans, specifications, or conditions as required under the terms of the permit, where the permit was issued by mistake, where the permit was procured by false representation, or where any provisions of the zoning ordinance are being violated.

Sec. 114-092. Zoning administrator.

(a)   The building official shall be the zoning administrator, unless the Council appoints a separate zoning administrator.

(b)   Authority and duties. The zoning administrator or alternate shall have the following authority and duties:

(1)   Administer and enforce the provisions of this Ordinance.

(2)   Serve as a nonvoting ex officio member, serve as secretary, and maintain the office of record of the commission and the board.

(3)   Review and coordinate staff activities with respect to the following applications:

a.   Zoning variance requests;

b.   Specific use permits;

c.     Rezoning requests;

d.     Special Exceptions.

Sec. 114-093. Planning and Zoning Commission.

(a)   Composition and method of appointment. 

(1)      The Planning and Zoning Commission of the city shall consist of five (5) members to be elected by the city council at the first council meeting following the election and qualification of new council members following the city election, annually.   Each member of the commission shall be a resident of the city.  The Planning and Zoning Commission shall perform all of the duties prescribed in this ordinance as well as the duties prescribed by the subdivision ordinance of the city.   Any vacancy on the commission shall be filled for the unexpired term by the city council at the next regular meeting of the city council after such vacancy occurs.   The members of the commission shall serve without compensation.   In the event that no members have been appointed to the commission by the city council, the city council shall serve as the Planning and Zoning Commission until such appointments have been made.

(2)   The chairman and vice-chairman of the commission shall be elected by majority vote of the commission members at the first regularly scheduled meeting each year. In the absence of the chairman and the vice-chairman at any meeting, an acting chairman shall be elected by a majority vote of all members present.

(3)   The zoning administrator shall be a nonvoting ex officio member of the commission, shall serve as secretary of the commission, and shall maintain the records of the commission.

(4)   A quorum of the commission shall consist of a minimum of three members of the commission and any issue shall be decided by a majority vote of those members present. The member serving as chairman for the meeting is entitled to vote but has no veto power.

(b)   Meetings.   

(1)   The commission shall meet upon call of the mayor, zoning administrator, or chairman when there is a case to be heard by the commission or when there is such other business to be conducted that is within the responsibility of the commission.

(2)   All meetings of the commission shall be open to the public and minutes shall be kept and maintained as public records.

(3)   The meetings of the commission are subject to the Open Meetings Law.  Notice shall be posted and record minutes kept according to law.

(c)   Authority.  The commission shall have the following powers and duties: 

(1)   Review applications for zoning changes, hear public comments, and make recommendations to the council regarding such applications.

(2)   Review applications for specific use permits, hear public comments, and grant, grant with modification, or deny such applications.

(3)   Review proposed preliminary subdivision plats, engineering plans, requested plat and plan variances, and proposed restrictive covenants in accordance with the Subdivision Ordinance.

(4)   Review proposed plats and plans for mobile home parks and for such other developments as may be required by ordinance and make recommendations to the council pertaining to such.

(5)   Recommend to the council amendments, extensions, and additions to the comprehensive master plan of the city, including the land use plan and the thoroughfare plan.

(6)   Recommend to the council changes to the official zoning map of the city.

(7)   When appropriate, make a determination of appropriate zoning or use.

(8)   Perform such other duties as may be duly delegated to them from time to time by the council.

(d)   Appeal.  Any person aggrieved by any action of the commission shall bring such grievance to the council at the next regularly scheduled meeting of the council.

Sec. 114-094. City council.

(a)   The council shall have the following authority under this Ordinance:

(1)   Appoint members, and alternate members when appropriate, to both the commission and the board.

(2)   Remove from office members of the commission and the board when appropriate.

(3)   Adopt or reject, after public hearing, changes to any portion of this ordinance.

(4)   Repeal, after public hearing, this ordinance or any portion thereof.

(5)   Act upon recommendations of the commission concerning amendments, extensions, and additions to the comprehensive master plan of the city and to the official zoning map of the city.

(6)   Receive applications for zoning changes that have been reviewed by the commission, hear public comments, and grant, grant with modification, or deny such applications.

(7)   Hear appeals from applicants concerning actions by the commission, hear public comment, and grant, grant with modification, or deny such appeals.

(8)   Establish a schedule of fees or charges for any application or action under this ordinance.

(b)   To provide for control of development, the council shall review and hear public comment concerning the following applications that have been reviewed by the commission:

(1)   Proposed preliminary subdivision plats, engineering plans, requested plat and plan variances, and proposed restrictive covenants.

(2)   Proposed plats and plans for mobile home parks and such other developments as may be required by ordinance.

(c)   Appeal. Any person aggrieved by action of the council may appeal to a court of competent jurisdiction for relief.

Sec. 114-095. Board of Adjustment.

(a)      The Board of Adjustment shall consist of five (5) members to be selected by the City Council for a term of two (2) years each.  The City Council may elect up to three (3) alternate members to serve in the absence of one or more regular members when requested to do so by the Mayor.  The City Council may authorize each member of the City Council to appoint one member to the Board.  The City Council may remove a Board member for cause as found by the City Council on a written charge after a public hearing.  A vacancy on the Board shall be filled for the unexpired term by vote of the City Council.  An alternate member shall serve for the same period as a regular member and is subject to removal in the same manner as a regular member.  A vacancy among the alternate members shall be filled in the same manner as a vacancy among the regular members. 

(b)      Each case before the Board of Adjustment must be heard by at least seventy-five per cent of the members.

(c)      The members of the City Council may act as members of the Board of Adjustment, upon majority vote by the City Council.

(d)      The Board shall select a chair at its first meeting after appointment.  Meetings of the Board shall be held at the call of the president of the Board, at other times as determined by the Board or by the Mayor.   All meetings of the Board shall be open to the public and notice shall be given in compliance with the Open Meetings Law.  The president may administer oaths and compel the attendance of witnesses.   The Board shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote.  The Board shall keep records of its examinations and other official actions.  The minutes and records shall be filed immediately in the office of the City Secretary and are public records.

(e)      The Board of Adjustment shall have the authority prescribed in Section 211.009 of the Local Government Code as it may be amended from time to time, including the right to hear and decide an appeal from a decision of the zoning administrator, authorize in specific cases a variance from the terms of this ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this ordinance would result in unnecessary hardship and so that the spirit of this ordinance is observed and substantial justice is done and to hear and decide other matters authorized by this ordinance or any other ordinance of the city.

(f)           The concurrent vote of seventy-five per cent of the members of the Board shall be necessary to:

(1)          Reverse an order, requirement, decision, or determination of the zoning administrator;

(2)          Decide in favor of an applicant on a matter on which the Board is required to pass under this ordinance; or

(3)          Authorize a variation from the terms of this ordinance.

(g)         Appeal            Any of the following persons may appeal to the Board a decision made by the zoning administrator:

(1)          A person aggrieved by the decision; or

(2)          Any officer, department or board of the city affected by the decision.

The appellant must file with the Board and the zoning administrator a notice of appeal specifying the grounds for the appeal.   The appeal must be filed within a reasonable time as determined by the rules of the Board.   Upon receiving the notice, the zoning administrator shall immediately transmit to the Board all the papers constituting the record of the action that is appealed.   An appeal stays all proceedings and furtherance of the action that is appealed unless the zoning administrator certifies in writing to the Board facts supporting the opinion of the zoning administrator that a stay would cause imminent peril to life or property.  In that case, the proceedings may be stayed only by a restraining order granted by the Board or a court of record on application, after notice to the zoning administrator, if due cause is shown.

          The Board shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest.   A party may appear at the appeal hearing in person or by agent or attorney.   The Board shall decide the appeal within a reasonable time.  A member of the Council who serves on the Board of Adjustment may not bring an appeal. 

(h)      Judicial review       Any of the following persons may present to a district court, county court or county court at law a verified petition stating that the decision of the Board is illegal in whole or in part and specifying the grounds of the illegality:

(1)          A person aggrieved by the decision of the Board;

(2)          A taxpayer; or

(3)          An officer, department, board or bureau of the City.

The procedures provided by §211.011 of the Local Government Code, as it may be amended from time to time, shall govern the judicial review of the Board’s decision. 

Secs. 114-096--114-126 Reserved.

Sec. 114-127. Specific use permits.

(a)   Purpose.  The purpose of a specific use permit is to allow the establishment of uses which may be suitable only in certain locations in a zoning district or only when subject to standards and conditions that assure compatibility with adjoining uses.  Specific uses are generally compatible with the permitted uses in a particular zoning district, but which require individual review of their proposed location or design, and the imposition of conditions in order to ensure the appropriateness of the use at the particular location.

(b)   Required.  To utilize a tract for those purposes which are authorized as specific uses within each zoning district, a specific use permit is required from the commission. 

(c)   Application.   

(1)   The application for a specific use permit must be made by the title holder or their attorney in fact.

(2)   An application for a specific use permit shall be obtained from the City Secretary, and shall contain the following minimum information:

a.   Name, mailing address, and contact telephone number of the applicant.

b.   Street address and legal description of the property for which the permit is to be obtained. The legal description, with recordation data, shall be determined from a copy of a deed presented by the applicant if there is any question on the part of the city as to the legal description or ownership.

c.   Zoning district of the property for which the permit is to be obtained.

d.   Statement of the use which will be made of the property and of proposed modification to the property or structures located thereon.

e.   The application shall be accompanied by maps and plans as specified in section 114-132. Such maps and plans shall become a part of the application.

f.   The applicant shall attest to the accuracy of all information given on or accompanying the application.

(d)   Processing.   

(1)   The application, accompanying information, and the nonrefundable filing fee shall be submitted after consultation with the zoning administrator.

(2)   The zoning administrator shall review the application for completeness and for compliance with this ordinance. Should additional information or modification to the application be necessary to provide compliance, the zoning administrator shall assist the applicant to make such changes.

(3)   Should the application be in obvious violation of this ordinance or should the applicant refuse to make necessary modifications to bring the application into compliance, the zoning administrator shall deny such application and provide the applicant with a written statement as to the reason or reasons for such denial. Upon such denial, the applicant may appeal to the board in writing that the denial of the application for processing is contested, specifying reasons therefor, and requesting relief.

(4)   Upon completion of review of the application and finding the application to be correct, or upon receipt of a written order from the board setting aside such denial by the zoning administrator, the following actions shall be initiated:

a.   The zoning administrator shall prepare a list, using the current tax appraisal map and the current city tax roll, of all owners of any portion of a tract that is within 200 feet of any portion of the property for which the permit is requested.

b.   The zoning administrator shall determine the date of the next meeting of the commission, not less than three full weeks and not more than seven full weeks from the date of the application, place such request on the agenda of the commission, and schedule a public hearing thereon.

c.   The city secretary shall send a letter to each of the property owners, as above and including the applicant, stating the purpose of the permit; street address of the property for which a permit is requested; date, time, and place of the public hearing before the commission; and that comment about the request must be made in writing or verbally before the commission. The notification letters deposited at the post office as ordinary mail not less than two weeks prior to the meeting of the commission shall constitute constructive notice.

d.   The city secretary shall cause to appear in the public notice section of a local newspaper a notice of a meeting of the commission. This notice shall appear not less than ten calendar days prior to the meeting date. The notice shall contain the date, time, and place of the public hearing; street address of the property for which the permit is requested; purpose of the request; and a statement that any comment about the request must be made in writing or verbally before the commission.

e.   The agenda of the commission which includes such public hearing shall be posted in a public location at city hall in accordance with the Texas Open Meetings Act (V.T.C.A., Government Code Ch. 551).

(5)   The zoning administrator shall prepare a statement for presentation at the public hearing before the commission. The statement shall contain as a minimum:

a.   Any pertinent information bearing on the application that may not be evident from the application.

b.   Impact of approval of the request upon utility service, streets and parking, and upon the local area.

c.   Any recommendations for modifications or any stipulations should the request be approved.

(6)   Commission action.

a.   The commission shall hold a public hearing pertaining to the application and shall receive comment in writing or verbally, including the staff recommendation.

b.   The commission may establish reasonable conditions of approval such as:

1.   Requirements for special yards, lot sizes, open spaces, buffers, fences, walls, or screening;

2.   Requirements for installation and maintenance of landscaping or erosion control measures;

3.   Requirements for street improvements and dedications;

4.   Control of vehicular access, parking, and traffic circulation;

5.   Limits on signage;

6.   Limits on hours or other characteristics of operation;

7.   Establishment of development schedules or time limits for completion or for the duration of the permit; and

8.   Any other conditions the commission may deem necessary to ensure compatibility with surrounding uses and to preserve the public health, safety, and general welfare.

c.   A specific use permit may be denied if:

1.   The proposed development or use does not conform with the applicable regulations and standards established in this ordinance;

2.   The proposed development or use fails to conform with the objectives and the purpose of the zoning district where it is located;

3.   The proposed development or use potentially creates greater unfavorable effects or impacts on other existing uses on abutting sites than those which reasonably may result from the use of the site by a use allowed by right;

4.   A written protest is received from the owners of at least 50 percent of the land area within 200 feet of the subject property; or

5.   The proposed development is contrary to the public health, safety, or general welfare.

d.   The commission shall by majority vote approve, approve with modification and/or condition, or deny the application. Specific use permits shall remain in effect for the duration of the authorized development or use on the premises for which they are granted unless an expiration date or time limit is established by the commission at the time of approval in accordance with subsection b, above.

e.   Any person or persons, jointly or severally, aggrieved by the commission's denial, approval, or condition of approval of any application, may submit in writing a request for an appeal to city council. Such request must be submitted to the zoning administrator within ten calendar days of the commission's action, and the same public hearing notice requirements shall apply to the appeal as applied to the original application. The appeal shall be forwarded to the council together with a record of the commission hearing and decision.

f.   The council shall consider an appeal of the Planning and Zoning Commission's decision at a public hearing scheduled at the earliest regular council meeting for which all notification requirements can be met after the appeal is submitted. The council shall uphold, modify, or reverse the decision of the commission.

Sec. 114-128.       Zoning change.

(a)   Action required to rezone one or more tracts of land from one or more zoning districts to another zoning district or districts may be initiated by any landowner or group of landowners, by the commission, or by the council.

(1)   Any individual landowner seeking to change the zoning of a tract to another zoning district shall make application with the zoning administrator as stipulated below.

(2)   Any group of landowners seeking to have all tracts rezoned to the same zoning district shall select an agent to act in their behalf and petition the council in writing for such rezoning. Upon receipt of such request, the council shall proceed as if the action were initiated by the council.

(3)   Any group of landowners seeking to change the zoning of tracts or portions of tracts into various zoning districts must apply for such rezoning as individuals.

(4)   The commission may initiate a change in zoning by making a request to the council. Upon receipt of the request, the council may proceed as if the application were initiated by the council.

(5)   The council may initiate a change in zoning. The council shall provide the zoning administrator with sufficient instructions to initiate the application including accurate determination of the tract, tracts, or area for which rezoning is desired, along with the appropriate zoning district or districts requested.

(b)   Application.

(1)   The application for a rezoning request must be made by the titleholders, their attorney in fact, an agent as in subsection (a)(2), or the council.

(2)   An application for a rezoning request shall be obtained from the City Secretary, and shall contain the following minimum information:

a.   Name, mailing address, and contact telephone number of the property owners, their attorney in fact, or an agent as in subsection (a)(2).

b.   Legal description and street or mailing address, if any, of the property for which the rezoning is requested. A copy of the deed to the property, with recording data, and a copy of any power of attorney must be included as a part of the application.

c.   The application shall be accompanied by maps and plans as specified in section 114-132.

d.   Current zoning district or districts.

e.   Requested zoning district or districts. Such district or the limits of various districts requested shall be shown on the accompanying maps and plans.

f.   The applicant shall attest to the accuracy of all information given on or accompanying the application.

(c)   Processing.

(1)   Upon application by landowner:

a.   After consultation with the zoning administrator, the application, accompanying information, and the nonrefundable filing fee shall be submitted by the applicant.

b.   The zoning administrator shall review the application for completeness and compliance with this Ordinance. Should additional information or modification to the application be necessary, the zoning administrator shall assist the applicant to make such changes.

(2)   Upon application by council:

a.   The zoning administrator shall have a map prepared to an appropriate scale which shall show the owner of each tract within the area to be rezoned as well as the current and the proposed zoning district or districts of each tract.

b.   The zoning administrator shall verify with the agent of the several owners that the map is correct with respect to ownership and zoning district requested or with the mayor and/or commission chairman, as appropriate, as to delineation of the zoning districts shown thereon.

(3)   The zoning administrator shall then initiate the following actions:

a.   Preparation of a list, using a current tax appraisal map and the current city tax roll, of all owners of any property within the area to be considered for rezoning and within 200 feet of such area.

b.   Determination of the date of the next meeting of the commission, not less than three full weeks and not more than seven full weeks from the date of the application, place such request on the agenda of the commission, and schedule a public hearing thereon.

c.   Mailing a letter to each of the property owners, as above and including the applicant, stating the purpose of the request; street address of the property for which rezoning is requested; date, time, and place of the public hearing before the commission; and that comment about the request must be made in writing or verbally before the commission. The notification letters deposited at the post office as ordinary mail, properly addressed with postage paid, in the United States mail before the tenth day before the hearing date shall constitute constructive notice.

d.   Publication of a notice in the public notice section of a local newspaper such that it will appear before the tenth day before the hearing date, stating the date, time, and place of the public hearing; street address of the property for which the rezoning is requested; purpose of the request; and that comment about the request must be made in writing or verbally before the commission.

e.   Posting of the commission agenda in a public location at city hall in accordance with the Texas Open Meetings Act (V.T.C.A., Government Code Ch. 551).

f.   Before the tenth day before the hearing date a legible sign shall be placed at the front or in the front yard of the property, adjacent to a street. The sign shall read: "Zoning change requested for this property. For more information call City Hall" and shall list the telephone number. The applicant requesting the change shall authorize the city to install said sign by their written application. However, the placement, erection, or continued maintenance of the sign shall not be deemed a condition necessary for the holding of any public hearing or the granting or denial of any zoning change.

(4)   The zoning administrator shall prepare a statement for presentation at the public hearing before the commission. The statement shall contain as a minimum:

a.   Any information bearing upon the request that may not be evident from the application.

b.   Impact of approval of the zoning change upon utility service, drainage, streets, parking, police protection, and fire protection in the local area.

(5)   Commission action.

a.   The commission shall hold a public hearing pertaining to the rezoning request and shall receive comment in writing or verbally.

b.   The commission shall consider the staff statement.

c.   The commission shall recommend in writing to the council that the rezoning request should be approved, approved with modification, or denied.

(6)   Council action.

a.   The city secretary shall include in the notification letters and newspaper announcement concerning the public hearing before the commission that a public hearing will also be held before the council. The date, time, and place of such hearing before the council will be given. The zoning administrator shall schedule such hearing to be an agenda item at the next regular council meeting following action by the commission.  The hearing before the council must be held at least sixteen days after the publication of the notice.

b.   The council shall hold a public hearing to receive comments in writing or verbally, shall consider the staff statement, shall review the minutes of the commission meeting concerning such request, and shall consider the recommendation of the commission.

c.   The council shall approve, approve with modification, or deny the request; provided, however, that the council may not adopt the proposed change until after the thirtieth day after the date of publication of the notice.

d.   A majority vote of the council members present shall enact the council decision unless a proposed change in zoning is protested in written form and signed by the owners of at least 20 percent of either the area of the lots or land covered by the proposed change, or the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area.

e.   A written protest must be on a form obtained from the city and entitled "written protest of proposed zoning change" or in a letter or petition containing the same information as required on the form, and must be completed, signed, and filed no later than two working days prior to the posted beginning of the city council public hearing, as stated on the written notice. Protests totaling at least 20 percent of either the area of the lots or land covered by the proposed change, or the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area, shall require the proposed change to receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the city council.

(7)   Subsequent actions.

a.   Should there be any objection to the council action, the objecting parties must apply within ten days to a court of competent jurisdiction for relief and shall so notify the zoning administrator that such action is being taken.

b.   If notice has not been received of such an appeal within ten full days of the council action, the zoning administrator shall have published in the public notice section of a local paper the action of the council and the areas and zoning district provided for the areas, unless the provisions for areas and zoning districts are the same as appeared in the announcement of the public hearings, in which case only the action and ordinance number are required.

c.   The zoning administrator shall have the official zoning map amended as provided in section 114-031(h).

Sec. 114-129.       Variances.

(a)   A variance is an appeal by the applicant that a grant of relief be made from a specific requirement of the zoning Ordinance where strict enforcement would result in unnecessary hardship. The board of adjustment may grant a variance upon making findings that the evidence submitted by the applicant demonstrates that all of the following conditions exist:

(1)   The variance arises from such condition that is unique to the property in question, where such condition was not created by an action of the property owner, occupant, or applicant.

(2)   The particular physical surroundings, shape, or topographical condition within or adjacent to the property would result in a practical difficulty or unnecessary hardship or inequity upon or for the owner or occupant, as distinguished from a mere inconvenience, if the provision in question were literally enforced.

(3)   The request for a variance is not based exclusively upon a desire of the owner or occupant for increased financial gain from the use of the property, or to reduce a personal financial hardship.

(4)   The variance will not alter the essential character of the zoning district within which the property is located, and is in harmony with the intent and purposes of this Ordinance.

(5)   The granting of the variance will not adversely affect the public health or safety, and will not substantially or permanently interfere with the appropriate use of adjacent conforming property in the same zoning district.

(6)   The degree of variance requested is the minimum amount necessary to allow a reasonable use of the property.

(b)   Variances may be granted only in the following instances:

(1)   To vary the applicable lot area, lot width or frontage, and lot depth requirements, provided that such reduction shall not exceed 30 percent of the standard minimum for the zoning district within which the tract is located.

(2)   To vary the minimum building setback requirements, lot coverage, or maximum permitted building height.

(3)   To vary the regulations pertaining to required off-street parking or loading.

(4)   To vary the requirements pertaining to the restoration of damaged or destroyed nonconforming buildings.

(5)   To vary the standards for manufactured homes.

(6)   To vary the standards for sexually-oriented businesses.

(7)   To vary the standards for wireless telecommunication facilities.

(c)   Procedures.

(1)   Application.

a.   The application for a variance must be made by the property owner or their authorized agent.

b.   The application will contain the same minimum information as in section 114-132.

c.   The application will include the variance requested and the reason as to why adhering to the zoning ordinance and/or building codes will constitute an exceptional difficulty or hardship upon the owner of the property.

(2)   Processing.

a.   After consultation with the zoning administrator, the application, accompanying information, and the nonrefundable filing fee shall be submitted.

b.   The zoning administrator shall review the application for completeness and for compliance with this Ordinance. Should additional information or modification to the application be necessary to provide compliance, the Zoning Administrator shall assist the applicant to make changes.

c.   Upon completion of review of the application and finding the application to be correct, the following actions shall be initiated:

1.   The zoning administrator shall prepare a list, using the current tax appraisal map and the current city tax roll, of all owners of any portion of a tract that is within 200 feet of any portion of the property for which the variance is requested.

2.   The zoning administrator shall determine the date of the next meeting of the board, not less than three full weeks and not more than seven full weeks from the date of the application, place such request on the agenda of the board, and schedule a public hearing.

3.   The city secretary shall send a letter to each of the property owners, as above and including the applicant, stating the purpose of the request; street address of the property for which a variance is requested; date, time, and place of the public hearing before the board; and that comment about the request must be made in writing or verbally before the board. The notification letters shall be deposited, postage prepaid, in the United States mail before the tenth day before the hearing date. 

4.   The city secretary shall cause to appear in the public notice section of a local newspaper a notice of a meeting of the board. This notice shall appear not less than ten calendar days prior to the meeting date. The notice shall contain date, time, and place of the public hearing; street address of the property for which the variance is requested; purpose of the request; and a statement that any comment about the request must be made in writing or verbally before the board.

5.   The agenda of the board which includes such public hearings shall be posted in a public location at city hall in accordance with the Texas Open Meetings Act (V.T.C.A., Government Code Ch. 551).

d.   The zoning administrator shall prepare a statement for presentation at the public hearing before the board. The statement shall contain as a minimum:

1.   Any pertinent information bearing upon the application that may not be evident from the application.

2.   Compliance of the request with subsections (b) and (c) above, and impact of approval of the request upon utility service, streets and parking in the local area.

3.   Any recommendations for modifications or any stipulations should the request be approved.

e.   The board, upon completion of the public hearing and after deliberation, shall make a determination for approval, approval with modifications, any stipulations upon approval, or for denial.

f.   The board may condition approval of a variance upon compliance with reasonable stipulations including but not limited to provisions for increased open space, vehicular access, off-street parking and loading, landscaping, screening, signage, curbing, sidewalks, hours of operation, and/or a temporary time ending on a date after which the variance expires and is no longer valid. Failure to meet such stipulations shall constitute a violation of this Ordinance.

g.   Any person aggrieved by the action of the board may appeal such action as provided in Section 114-95.

h.   Should such request be denied or should the applicant reject any modifications or stipulations attached to the approval of the request, another request for the same or a similar variance for the same property or a portion of the same property shall not be submitted for a full six months. Further, if the permitted variance is not accepted and used within 12 full months of approval, such variance becomes automatically void.

i.   No application for a variance may be submitted when some other zoning action concerning the subject tract is pending. However, a request for a zoning variance may be submitted concurrently with a subdivision plat.

Sec. 114-130        Special Exceptions

(a)   The purpose of a special exception is to authorize a use that would not be permissible generally or without restriction throughout a zoning district but which, if controlled as to area, location, relation to the neighborhood and other such restrictions as may be deemed appropriate in each case, would be consistent with the overall intent of the zoning ordinance and compatible with surrounding land uses and the character of the neighborhood in which the use is proposed.

(b)   Special exceptions may be granted by the Board of Adjustment for development only within the City limits, and only for the following:

(1)   A change from one nonconforming use to another, provided no structural alterations are made, and upon finding that the proposed nonconforming use is not more nonconforming in the district than the previously existing nonconforming use;

(2)   To permit the resumption of a nonconforming use that has been discontinued for a period exceeding six (6) consecutive months, subject to compliance with all applicable building and fire codes.

(c)   Procedures.  

(1)   Application.

a.   The application for a special exception must be made by the property owner or their authorized agent.

b.   The application will contain the same minimum information as in section 114-132.

c.   The application will include the special exception requested and the reason as to why adhering to the zoning ordinance and/or building codes will constitute an exceptional difficulty or hardship upon the owner of the property.

(2)   Processing.

a.   After consultation with the zoning administrator, the application, accompanying information, and the nonrefundable filing fee shall be submitted.

b.   The zoning administrator shall review the application for completeness and for compliance with this Ordinance. Should additional information or modification to the application be necessary to provide compliance, the Zoning Administrator shall assist the applicant to make changes.

c.   Upon completion of review of the application and finding the application to be correct, the following actions shall be initiated:

1.   The zoning administrator shall prepare a list, using the current tax appraisal map and the current city tax roll, of all owners of any portion of a tract that is within 200 feet of any portion of the property for which the special exception is requested.

2.   The zoning administrator shall determine the date of the next meeting of the board, not less than three full weeks and not more than seven full weeks from the date of the application, place such request on the agenda of the board, and schedule a public hearing.

3.   The city secretary shall send a letter to each of the property owners, as above and including the applicant, stating the purpose of the request; street address of the property for which a special exception is requested; date, time, and place of the public hearing before the board; and that comment about the request must be made in writing or verbally before the board. The notification letters shall be deposited, postage prepaid, in the United States mail before the tenth day before the hearing date. 

4.   The city secretary shall cause to appear in the public notice section of a local newspaper a notice of a meeting of the board. This notice shall appear not less than ten calendar days prior to the meeting date. The notice shall contain date, time, and place of the public hearing; street address of the property for which the special exception is requested; purpose of the request; and a statement that any comment about the request must be made in writing or verbally before the board.

5.   The agenda of the board which includes such public hearings shall be posted in a public location at city hall in accordance with the Texas Open Meetings Act (V.T.C.A., Government Code Ch. 551).

d.   The zoning administrator shall prepare a statement for presentation at the public hearing before the board. The statement shall contain as a minimum:

1.   Any pertinent information bearing upon the application that may not be evident from the application.

2.   Compliance of the request with subsections (b) and (c) above, and impact of approval of the request upon utility service, streets and parking in the local area.

3.   Any recommendations for modifications or any stipulations should the request be approved.

e.   The board, upon completion of the public hearing and after deliberation, shall make a determination for approval, approval with modifications, any stipulations upon approval, or for denial.

f.   The board may condition approval of a special exception upon compliance with reasonable stipulations including but not limited to provisions for increased open space, vehicular access, off-street parking and loading, landscaping, screening, signage, curbing, sidewalks, hours of operation, and/or a temporary time ending on a date after which the special exception expires and is no longer valid. Failure to meet such stipulations shall constitute a violation of this Ordinance.

g.   Any person aggrieved by the action of the board may appeal such action as provided in Section 114-95.

h.   Should such request be denied or should the applicant reject any modifications or stipulations attached to the approval of the request, another request for the same or a similar special exception for the same property or a portion of the same property shall not be submitted for a full six months. Further, if the permitted special exception is not accepted and used within 12 full months of approval, such special exception becomes automatically void.

i.   No application for a special exception may be submitted when some other zoning action concerning the subject tract is pending. However, a request for a zoning special exception may be submitted concurrently with a subdivision plat.

Sec. 114-131        Timing and Effect of Zoning After Annexation

(a)   As soon as practical following annexation, but in no event more than 180 calendar days thereafter, the Zoning Administrator shall, on the Administrator's own or upon application by property owners of the annexed area, initiate proceedings to establish appropriate zoning on the newly annexed territory. The Zoning Administrator shall commence public notification and other standard procedures for zoning amendments as required by law. The proceedings to establish zoning may be undertaken concurrently with annexation procedures (i.e., notices and public hearings). The zoning approval and formal adoption of the ordinance establishing zoning must occur, however, after the annexation takes effect, and as a separate and distinct action by the City Council. From the time an annexation takes effect until action is completed to zone the land, the interim zoning of the land shall be considered to be Mixed Use (MU) District, and all zoning and development regulations of the MU zoning district shall be adhered to with respect to development and use of the land that has been newly annexed.

(b)   The initial zoning of a land parcel, whether it is interim in nature, by initiation of the landowner or by initiation of the City, must meet the requirements for notification and public hearings as required by law.

(c)   The owner of land to be annexed may submit an application for zoning the property simultaneously with submission of a petition for annexation, but an annexation petition may not be conditioned upon the approval of any particular zoning classification.

Sec. 114-132.       Application standards.

An application for a zoning change, variance, special exception, special use permit, district overlay or any other action regarding zoning shall contain the minimum requirements of this Section and shall comply with the terms herein. 

(1)          The application must be made by the title holders, their attorney-in-fact, or a duly authorized agent;

(2)          The application must contain the following minimum information:

(a)          Name, mailing address, and contact telephone number of the property owners, attorney-in-fact, or agent;

(b)          Legal description and street or mailing address, if any, of the property involved.  A copy of the deed to the property, with recording data, and a copy of any power of attorney, or such other information as will allow the Zoning Administrator to verify title to the property and the authority of any attorney-in-fact;

(c)          The application shall be accompanied by such maps and plans as will enable the Zoning Administrator, the Board and Commission to make such determinations as may be necessary under the terms of this Ordinance;

(d)          A reference to the current zoning district or districts in which the property is situated;

(e)          Information concerning the change or action requested, including appropriate reference to requested zoning district or districts;

(f)           A statement that the information contained in the application is, within the knowledge of the applicant, true and correct.

(g)          The application shall be accompanied by a non-refundable fee in an amount to be set by the City Council, by Resolution, from time to time.

(h)          The zoning administrator shall review the application for completeness with this article.  Within ten (10) business days, written notice of the necessary documents or other information that the applicant failed to provide with the application shall be provided to the owner/applicant (as designated on the application form) for compliance.  The written notice shall include the date the application will expire if the necessary documents or other information is not provided.  Applications will expire within 45 days of the date the application is delivered to the City or sent to the City by certified mail if the applicant fails to provide the specified documents or other information required in the written notice to the applicant. 

Secs. 114-133—114-139. Reserved.

ARTICLE V. SITE DEVELOPMENT STANDARDS

DIVISION 1. GENERALLY

Secs. 114-140--114-144. Reserved.

DIVISION 2. COMPATIBILITY STANDARDS

Sec. 114-145.       Purpose.

The compatibility standards of this division are intended to preserve and protect low-density residential uses and neighborhoods by ensuring that new development and redevelopment is compatible with the character of the area in which it is located.

Sec. 114-146.       Applicability.

The compatibility standards in this division shall apply to all multifamily residential and all nonresidential development when it occurs on a lot:

(1)   Within 150 feet of the lot line of any property zoned R-1, R-1A or R-2;

(2)   Across the street from or adjacent to a lot containing a single-family or duplex use; or

(3)   Within 150 feet of the boundary of a designated scenic corridor.

Sec. 114-147.       Exemptions.

The following shall be exempt from compliance with the compatibility standards of this division:

(1)     Single-family or duplex uses;

(2)     Multifamily development unless such development exceeds a gross density of six units per acre or a height of 35 feet;

(3)     Structural alteration of an existing building when such alteration does not increase the gross square footage or height of the building; and

(4)   A change in use that does not increase the off-street parking requirements    over and above the existing use.

Sec. 114-149.       Buffer and screening standards.

Nonresidential and multifamily residential development, including off-street parking areas associated with such development, shall be screened from view of adjacent single-family and duplex uses and R-1, R-1A or R-2 zoned property. Such visual screening shall be accomplished through the use of opaque fences or landscaping along the adjacent lot line. Mechanical equipment, outdoor storage areas and refuse collection areas shall be completely shielded from view of adjacent single-family and duplex uses, scenic corridors and R-1, R-1A or R-2 zoned property by an opaque fence or wall that is at least one foot taller than the site feature being screened from view, provided this shall not be interpreted as requiring screening fences or walls to be taller than ten feet. Fences, walls and buffers must comply with all other requirements of Ordinances of the City.

Sec. 114-150.       Additional site design standards.

The following additional site design standards shall apply to development that is subject to the compatibility standards of this division:

(1)   Public and commercial recreation uses.  Public and commercial swimming pools, tennis courts, ballfields, and other intensive public or commercial recreational uses that are located outdoors and are lighted shall be set back at least 100 feet from the lot line of property that is zoned R, that contains a single-family, duplex or multifamily use or that is designated as a scenic corridor. This setback standard shall be reduced to a minimum of 50 feet if the recreational use is screened from view by an opaque fence or wall with a minimum height of six feet. The setback standard shall not apply to swimming pools, tennis courts or other active recreational uses that are accessory to a residential development or dwelling unit and not open to the general public; and 

(2)   Dumpsters and solid waste receptacles.  Dumpsters and solid waste receptacles shall be set back at least 20 feet from the lot line of property that is zoned R-1, R-1A or R-2, that contains a single-family or duplex use or that is designated as a scenic corridor. Dumpsters and receptacles shall be completely screened from view of adjacent single-family and duplex uses, scenic corridors and R-zoned property by an opaque fence or wall that is at least one foot taller than the dumpster or solid waste receptacle. 

Secs. 114-151—114-154. Reserved.

DIVISION 3. OPERATIONAL PERFORMANCE STANDARDS

Sec. 114-155.       Purpose.

The operational performance standards of this division are intended to protect the health, safety and welfare of the citizens of the city by regulating potential nuisance features associated with certain land uses.

Sec. 114-156.       Applicability.

The operational performance standards of this division shall apply to all uses, buildings and structures within the city unless otherwise specifically indicated.

Sec. 114-157.       Exemptions.

The following are exempt from the operational performance standards of this division:

(1)   Temporary construction, excavation and grading associated with development for which applicable permits have been issued and with the installation of streets or utilities; and

(2)   Demolition activities that are necessary and incidental to permitted development on the same lot, on another of several lots being developed at the same time or in the public right-of-way or easement.

Sec. 114-158.       Standards.

Under this division, the following standards shall apply:

(1)   Noise.  Sites shall be laid out and uses shall be operated to prevent noise from becoming a nuisance to adjacent single-family and duplex uses; 

(2)   Vibration.  All uses shall be operated so that ground vibration is not perceptible outside the lot lines of the site on which the use is located; 

(3)   Fire and explosive hazards.  Underground storage tanks for flammable liquids and gasses shall be located at least 50 feet from the lot line of lots zoned R or that contain a single-family or duplex use; aboveground tanks shall be set back at least 100 feet from such lot lines, unless the board of adjustment determines, based on information provided by the applicant, that a 50-foot setback will ensure compliance with all applicable state standards. The storage tank setback requirements of this subsection shall not apply to tanks that are necessary to single-family or duplex units; 

(4)   Light and glare.  The following operational performance standards shall apply: 

a.   All exterior lighting shall be hooded or otherwise shielded so that the light source is not directly visible from property that is zoned R-1, R-1A, or R-2, or that contains a single-family or duplex use;

b.   All lighting shall be shielded so that substantially all emitted light falls within the property line of the property from which the light emanates;

c.   All exterior building floodlights shall be shielded so that all emitted light falls upon the property from which the light emanates;

d.   No illumination shall produce direct, incident or reflected light that interferes with the safe movement of motor vehicles on public streets. The types of lighting that shall be prohibited by this subsection shall include but not be limited to any light that may be confused with or construed as a traffic control device and any animated, flashing or changing intensity lights, except for temporary holiday displays; and

(5)   Electromagnetic interference.  No operations or activities shall be conducted that cause electrical disturbances to be transmitted across lot lines. 

Secs. 114-159--114-164.  Reserved.

DIVISION 4. RESIDENTIAL DESIGN MANUFACTURED HOUSING STANDARDS

Sec. 114-165.       Scope.

Residential design manufactured housing units shall be subject to the standards of this division.

Sec. 114-166.       Roof.

Under this division, a roof must be predominantly double pitched and have a minimum vertical rise of 2.2 inches for every 12 inches of horizontal run. The roof must be covered with material that is commonly used on site-built single-family dwellings within the city, including but not limited to wood, asphalt composition shingles or fiberglass, and excluding corrugated aluminum, corrugated fiberglass or corrugated metal. The roof shall have a minimum eave projection and roof overhang of eight inches.

Sec. 114-167.       Siding.

Under this division, exterior siding shall be of a material commonly used on site-built single-family dwellings within the city, which material does not have a high-gloss finish and which may include wood, composition, simulated wood, clapboards, conventional vinyl or metal siding, brick, stucco or similar materials, but excluding smooth, ribbed or corrugated metal or plastic panels. Siding material shall extend below the top of the exterior of the foundation or curtain wall, or the joint between siding and enclosure wall shall be flashed in accordance with local building codes.

Sec. 114-168.       Transport equipment.

Under this division, all mobile home running gear, tongues, axles and wheels must be removed at the time of installation of the home on the lot.

Sec. 114-169.       Finished floor elevation.

Under this division, the finished floor elevation of the residential design manufactured housing unit shall be a maximum of 24 inches above the exterior finished grade of the lot on which it is located, as measured at the main entrance into the dwelling.

Sec. 114-170.       Attached additions.

Under this division, any attached addition to a residential design manufactured housing unit shall comply with building code requirements. All of the design standards of this division shall apply to all additions.

Sec. 114-171.       Garages.

Detached garages that are constructed on the same lot as a residential design manufactured housing unit shall comply with the building code and with all of the design standards of this division.

Secs. 114-172—114-179.  Reserved.

ARTICLE VI. DISTRICT REGULATIONS

DIVISION 1. GENERALLY

Sec. 114-180.       Districts established.

(a)   In order to implement the city comprehensive plan and promote the purposes of this Ordinance, the following districts are established:

TABLE INSET:

(b)   Districts may be referred to throughout this Ordinance by their map symbol names.

Sec. 114-181.       Compliance with district standards.

No building or structure shall be erected, converted, enlarged, reconstructed or altered for use nor shall any building, structure or land be used or changed in such a way that it does not comply with all of the district regulations established by this Ordinance for the district in which the building or structure or land is located.

Secs. 114-182—114-199.  Reserved.

DIVISION 2. R-1 SINGLE-FAMILY RESIDENTIAL (Very Low Density)

Sec. 114-200.       Purpose. 

The R-1 Single Family Residential District is intended for development of detached, single-family residences and customary accessory uses on lots of at least one-half acre in size. 

Sec. 114-201.       Permitted uses.  See Table VII.1 for permitted and specific uses.

(1)   Residential uses. 

a.   Single-family, detached dwelling;

b.   Accessory uses as authorized in Section 114-383. 

(2)   Public or civic uses.  

a.   Church or place of worship, subject to the supplementary standards of subsection 114-382(1);

b.   Family home day care, subject to the supplementary standards of subsection 114-382(3);

c.   Parks and recreation, subject to the supplementary standards of subsection 114-382(8);

d.   Group home;

e.   Safety services;

f.   School, subject to the supplementary standards of subsection 114-382(9); and

g.   Utilities, limited.

(3)   Retail, service and office uses.  Retail, service and office uses shall be limited to home occupations, subject to the supplementary standards of subsection 114-382(6). 

Sec. 114-202.       Property development standards.

Each site in the R-1 residential district shall be subject to the following property development standards:

(1)   Lot size.   The minimum lot size for single-family detached dwelling units shall be 21,780 square feet (one-half acre). 

(2)   Front setback.  The minimum front setback for all uses in the R-1 district shall be 25 feet. 

(3)   Rear setback.    The minimum rear setback for all uses in the R-1 district shall be 20 feet.

(4)   Interior side setback.    The minimum interior side setback for all uses in the R-1 district shall be 6 feet.

(5)   Street side setback.    The minimum street side setback for all uses in the R-1 district shall be ten feet, unless the side street is a major thoroughfare, in which case the minimum street side setback shall be 20 feet. 

(6)          Height.  The maximum height for all uses in the R-1 district shall be 28.5 feet or 2-1/2 stories. 

(7)          Lot coverage.  The maximum impervious cover for all uses in the R-1 district shall be 35% of the lot area.

(8)          Landscaping.  A minimum of two trees and 8 shrubs per lot shall be planted and maintained for all new development.

Secs. 114-203--114-119. Reserved.

DIVISION 3. R-1A ONE- AND TWO-FAMILY RESIDENTIAL (Low Density)

Sec. 114-220.       Purpose.  

The R-1A One- and Two-Family Residential District is intended for development of single-family residences as well as low density two-family duplex units, at a maximum gross density of 6 dwelling units per acre.

Sec. 114-221.       Permitted uses.  See Table VII.1 for permitted and specific uses.

(1)   Residential uses.  Unless expressly stated otherwise, there shall be only one single-family dwelling unit per lot.

a.   Single-family, detached;

b.   Duplex;

c.   Accessory uses as authorized in Section 114-383. 

(2)   Public and civic uses.  Public and civic uses shall include the following: 

a.   Church or place of worship, subject to the supplementary standards of subsection 114-382(1);

b.   Family home day care, subject to the supplementary standards of subsection 114-382(3);

c.   Parks and recreation, subject to the supplementary standards of subsection 114-382(8);

d.   Group home;

e.   Safety services;

f.   School, subject to the supplementary standards of subsection 114-382(9); and

g.     Utilities, limited.

(3)   Retail, service and office uses.  Retail, service and office uses shall be limited to home occupations, subject to the supplementary standards of subsection 114-382(6). 

Sec. 114-222.       Property development standards.

Each site in the R-1A district shall be subject to the following property development standards:

(1)   Lot size.

a.   Single-family detached.  The minimum lot size for single-family detached dwelling units shall be 7,300 square feet. 

b.   Duplex.  The minimum lot size for duplex dwellings shall be 11,000 square feet, subject to an overall gross density not to exceed 6 units per acre. 

(2)   Front setback.  The minimum front setback for all uses in the R-1A district shall be 25 feet, subject to compatibility standards of Article 5 Division 2.

(3)   Rear setback.    The minimum rear setback for all uses in the R-1A district shall be 20 feet.

(4)   Interior side setback.    The minimum interior side setback for all uses in the R-1A district shall be 6 feet.

(5)   Street side setback.  The minimum street side setback for all uses in the R-1A district shall be ten feet, unless the side street is a major thoroughfare, in which case the minimum street side setback shall be 20 feet. 

(6)          Height.  The maximum height for all uses in the R-1A district shall be 28.5 feet or 2-1/2 stories. 

(7)          Lot coverage.  Maximum impervious cover for all uses in the R-1A district shall be 50% of the lot area.

(8)          Landscaping.  A minimum of two trees and 8 shrubs per lot shall be planted and maintained for all new development.

Secs. 114-223--114-239. Reserved.

DIVISION 4. R-2 MANUFACTURED HOME DISTRICT (Low Density)

Sec. 114-240.       Purpose.  

The R-2 Manufactured Home district is established to provide for the orderly location and management of low-density manufactured home residences, either on individual lots or in a manufactured home community park.  Manufactured home parks are residential uses and should be located in areas where services and amenities are available such as those found in areas comprised of site-built houses.  Development in this district shall not exceed a maximum gross density of 6 dwelling units per acre.

Sec. 114-241.       Permitted uses.  See Table VII.1 for permitted and specific uses.

(1)   Residential uses.  Unless expressly stated otherwise, there shall be only one single-family dwelling unit per lot.

a.   Single-family, detached;

b.   Manufactured home park;

c.   Manufactured home on an individual lot;

d.   Accessory uses as authorized in Section 114-383. 

(2)   Public and civic uses.  Public and civic uses shall include the following: 

a.   Church or place of worship, subject to the supplementary standards of subsection 114-382(1);

b.   Family home day care, subject to the supplementary standards of subsection 114-382(3);

c.   Parks and recreation, subject to the supplementary standards of subsection 114-382(8);

d.   Group home;

e.   Safety services;

f.   School, subject to the supplementary standards of subsection 114-382(9); and

h.    Utilities, limited.

(3)   Retail, service and office uses.  Retail, service and office uses shall be limited to home occupations, subject to the supplementary standards of subsection 114-382(6). 

Sec. 114-242        Property development standards.

Each site in the R-2 district shall be subject to the following property development standards:

(1)   Lot size.

a.   Single-family dwelling.  The minimum lot size for single-family dwelling units (manufactured or site-built) shall be 7,300 square feet. 

b.  Manufactured home park.  The minimum lot size for a manufactured home park shall be 5 acres.

(2)   Front setback.  The minimum front setback for all uses in the R-2 district shall be 25 feet, subject to compatibility standards of Article 5 Division 2.

(3)   Rear setback.    The minimum rear setback for all uses in the R-2 district shall be 20 feet.

(4)   Interior side setback.    The minimum interior side setback for all uses in the R-2 district shall be 6 feet.

(5)   Street side setback.    The minimum street side setback for all uses in the R-1A district shall be ten feet, unless the side street is a major thoroughfare, in which case the minimum street side setback shall be 20 feet. 

(9)     Height.  The maximum height for all uses in the R-2 district shall be 28.5 feet or 2-1/2 stories. 

(10)  Lot coverage.  Maximum impervious cover for all uses in the R-2 district shall be 50% of the lot area.

(11)  Landscaping.

a.        Single-family lots. A minimum of two trees and 8 shrubs per lot shall be planted and maintained for all new development.

b.        Manufactured home park. A minimum of 20% of the total developed lot area shall be planted and maintained as landscape area.

Secs. 114-243—259.  Reserved.

DIVISION 5. R-3 MULTI-FAMILY RESIDENTIAL (LOW DENSITY)

Sec. 114-260.       Purpose.  

The R-3 Multi-Family Residential district is intended for development of multiple-family apartment residences, as well as one- and two-family residences, at a maximum gross density of 6 dwelling units per acre.

Sec. 114-261.       Permitted uses.  See Table VII.1 for permitted and specific uses.

Sec. 114-262.       Property development standards.

Each site in the R-3 district shall be subject to the following property development standards:

(1)   Lot size.

a.     Single-family detached.  The minimum lot size for single-family detached dwelling units shall be 7,300 square feet. 

b.     Duplex.  The minimum lot size for duplex dwellings shall be 11,000 square feet, subject to an overall maximum gross density of 6 units per acre.

c.      Multi-family residential. The minimum lot size for multi-family residential development shall be 21,780 square feet for the first three dwelling units, plus additional lot area for subsequent units so that the total gross density does not exceed 6 dwelling units per acre.

(2)   Front setback.  The minimum front setback for all uses in the R-3 district shall be 20 feet, subject to compatibility standards of Article 5 Division 2.

(3)   Rear setback.    The minimum rear setback for all uses in the R-3 district shall be 15 feet.

(4)   Interior side setback.    The minimum interior side setback for all uses in the R-3 district shall be 6 feet.

(5)   Street side setback.  The minimum street side setback for all uses in the R-3 district shall be 10 feet, unless the side street is a major thoroughfare, in which case the minimum street side setback shall be 20 feet. 

(6)     Height.  The maximum height for all uses in the R-3 district shall be 28.5 feet or 2-1/2 stories. 

(7)     Lot coverage.  Maximum impervious cover for all uses in the R-3 district shall be 75% of the lot area.

(8)     Landscaping. 

c.         Single-family and duplex uses.  A minimum of two trees and 8 shrubs per lot shall be planted and maintained for all new development.

d.        Multi-family. A minimum of 20% of the total developed lot area shall be planted and maintained as landscape area.

Secs. 114-263—114-279.  Reserved.

DIVISION 6. R-4 MULTI-FAMILY RESIDENTIAL (MEDIUM DENSITY)

 

Sec. 114-280.       Purpose.  

The R-4 Multi-family Residential district is intended for development of multiple-family residential units, as well as single-family attached and detached dwellings and duplexes, at a maximum gross density of 12 dwelling units per acre.

Sec. 114-281.       Permitted uses.  See Table VII.1 for permitted and specific uses.

Sec. 114-282.       Property development standards.

Each site in the R-4 district shall be subject to the following property development standards:

(1)   Lot size.

b.     Single-family detached.  The minimum lot size for single-family detached dwelling units shall be 4,500 square feet. 

c.     Single-family attached.  The minimum lot size for single-family attached dwelling units (townhomes) shall be 3,000 square feet for internal lots and 4,000 square feet for corner lots.

d.     Duplex.  The minimum lot size for duplex dwellings shall be 7,000 square feet, subject to a maximum gross density of 12 units per acre.

e.      Multi-family. The minimum lot size for multi-family residential development shall be 10,890 square feet for the first three dwelling units, plus additional lot area for subsequent units so that the total gross density does not exceed 12 dwelling units per acre.

(2)      Front setback.  The minimum front setback for all uses in the R-4 district shall be 20 feet, subject to compatibility standards of Article 5 Division 2.

(3)      Rear setback.    The minimum rear setback for all uses in the R-4 district shall be 10 feet.

(4)   Interior side setback.    The minimum interior side setback for all uses in the R-4 district shall be 6 feet.

(5)   Street side setback.  The minimum street side setback for all uses in the R-4 district shall be 10 feet, unless the side street is a major thoroughfare, in which case the minimum street side setback shall be 20 feet. 

(6)         Height.  The maximum height for all uses in the R-4 district shall be 35 feet or 3 stories.

(7)     Lot coverage.  Maximum impervious cover for all uses in the R-4 district shall be 75% of the lot area.

(8)      Landscaping. 

a.    Single-family and duplex uses. A minimum of two trees and 8 shrubs per lot shall be planted and maintained for all new development.

b.    All other uses. A minimum of 20% of the total developed lot area shall be planted and maintained as landscape area.

Secs. 114-283 – 114.299.  Reserved.

DIVISION 7. MU MIXED USE DISTRICT

Sec. 114-300.       Purpose. 

The MU Mixed Use district is intended to accommodate a variety of complimentary land uses including retail, office, service and residential uses in close proximity to enable people to live, work and shop in a single location.  It is further intended to create central gathering places; to encourage economic and social vitality; to promote the preservation and rehabilitation of downtown buildings; and to provide development opportunities that are safe and attractive to pedestrians and will strengthen the city’s economic base. 

Sec. 114-301.       Permitted uses.  See Table VII.1 for permitted and specific uses.

Primary permitted uses are retail, commercial, service, office, and residential.  Appropriate mixed-use development may include the following examples:

(1)   Residential uses in conjunction with non-residential activities, possibly located above retail and office establishments;

(2)   Office, retail and service facilities combined to encourage linkage of trips;

(3)   Pedestrian-oriented storefronts, amenities, and open areas.

Sec. 114-302.       Property development standards.

Because the MU mixed use district encompasses the downtown core of Martindale, limited district-based property development standards shall apply.  New or in-fill development shall conform to the setbacks, height, and massing of existing structures found throughout the Mixed Use District boundaries in order to maintain the character of the downtown area and shall include a mixture of Gable Roof Style, Frame Vernacular, or Victorian type architecture. See Table VII.1 for specific development standards.

If the immediately adjacent properties are vacant, then existing structures on the next developed lot(s) shall serve as examples of the required setbacks, height, and massing. All development within the MU district shall comply with other applicable sections of this Ordinance including Compatibility Standards in Division 2. 

Secs. 114-303—114.319.  Reserved.

DIVISION 8. C-1 COMMERCIAL DISTRICT

Sec. 114-320.       Purpose. 

The C-1 commercial district is established to provide areas for low intensity retail, office, and service uses that are separate from but in close proximity to residential areas.  Uses in this district should be compatible with surrounding neighborhoods, and should not generate excessive traffic, noise, odors, etc., that are inappropriate when adjacent or in close proximity to residential uses.

Sec. 114-321.       Permitted uses.  See Table VII.1 for permitted and specific uses.

Sec. 114-322.       Property development standards.

Each site in the C-1 district shall be subject to the following property development standards:

(1)   Lot size.  The minimum lot size for shall be 6,000 square feet. 

(2)   Front setback.  The minimum front setback for all uses in the C-1 district shall be 15 feet, subject to compatibility standards of Article 5 Division 2.

(3)   Rear setback.    The minimum rear setback for all uses in the C-1 district shall be 10 feet.

(4)   Interior side setback.    The minimum interior side setback for all uses in the C-1 district shall be 6 feet.

(5)   Street side setback.  The minimum side setback adjacent to a street for all uses in the C-1 district shall be 10 feet, unless the side street is a major thoroughfare, in which case the minimum street side setback shall be 20 feet.  

(6)          Height.  The maximum height for all uses in the C-1 district shall be 35 feet or 3 stories. 

(7)          Lot coverage.  Maximum impervious cover for all uses in the C-1 district shall be 70% of the lot area.

(8)          Landscaping.  A minimum of 20% of the total developed lot area shall be planted and maintained as landscape area.

Secs. 114-323 – 114.339.  Reserved.

DIVISION 9. C-2 HEAVY COMMERCIAL DISTRICT

Sec. 114-340.       Purpose.  

The C-2 Heavy Commercial district is established to provide locations for more intense commercial and service-related establishments than those permitted in the C-1 district.  Uses in this district may have operation characteristics that are generally incompatible with residential uses.

Sec. 114-341.       Permitted uses.  See Table VII.1 for permitted and specific uses.

Sec. 114-342.       Property Development standards.

Each site in the C-2 district shall be subject to the following property development standards:

(1)     Lot size. Minimum lot size for all uses in the C-2 district shall be 6,000 square feet.

(2)      Front setback.  The minimum front setback for all uses in the C-2 district shall be 15 feet, subject to compatibility standards of Article 5 Division 2.

(3)      Rear setback.    The minimum rear setback for all uses in the C-2 district shall be 10 feet.

(4)      Interior side setback.    The minimum interior side setback for all uses in the C-2 district shall be 6 feet.

(5)      Street side setback.  The minimum side setback adjacent to a street for all uses in the C-2 district shall be ten feet, unless the side street is a major thoroughfare, in which case the minimum street side setback shall be 20 feet.  

(6)          Height.  The maximum height for all uses in the C-2 district shall be 35 feet or 3 stories. 

(7)          Lot coverage.  Maximum impervious cover for all uses in the C-2 district shall be 75% of the lot area.

(8)          Landscaping.  A minimum of 10% of the total developed lot area shall be planted and maintained as landscape area.

Secs. 114-343 – 114-359.  Reserved.

DIVISION 10.        I INDUSTRIAL USE DISTRICT

Sec. 114-360.       Purpose.

          The purpose of the I Industrial District is to provide areas for those commercial and industrial facilities which are not generally compatible with uses in other districts, emit particulates or odors, may require on-site facilities to protect the health and welfare of the citizens, or where an industrial accident or spill of toxic material may cause release of a toxic substance proximate to an inhabited area. 

Sec. 114-361.       Permitted uses.  See Tale VII.1 for permitted and specific uses.

A specific use permit must be obtained for a listed use other than Industrial uses which are within five hundred (500) feet of property in which Heavy Industry is the primary use.  A specific use permit shall be granted only if it is determined that the health and safety of persons to be on the premises granted the special use permit will not be endangered by proximity to Heavy Industry.

Sec. 114-362.       Property development standards.

          Each site in the I district shall be subject to the following property development standards:

(1)     Lot size. Minimum lot size for all uses in the I district shall be 21,780 square feet.

(2)     Front setback.  The minimum front setback for all uses in the I district shall be 25 feet, subject to compatibility standards of Article 5 Division 2.

(3)     Rear setback.    The minimum rear setback for all uses in the I district shall be 20 feet.

(4)     Interior side setback.    The minimum interior side setback for all uses in the I district shall be 20 feet.

(5)     Street side setback.  The minimum side setback adjacent to a street for all uses in the I district shall be 20 feet.  

(6)         Lot coverage.  Maximum impervious cover for all uses in the I district shall be 80% of the lot area.

(7)         Landscaping. A minimum of 10% of the total developed lot area shall be planted and maintained as landscape area.

Sec. 114-362.       Performance standards for Industrial Districts

(a)   Flammable, toxic, and hazardous materials.   

(1)   The storage, manufacture, utilization, or dispensing of substances which may constitute or may cause danger to public health, safety, or welfare shall be conducted only within the limits and conditions specified in the latest edition of the International Fire Code.

(2)   The emission of toxic or explosive vapors, dusts, or aerosols into the atmosphere shall not exceed, at the facility property line, more than 50 percent of the limit of such as is given in "threshold limit values" as adopted at the most recent meeting of the American Conference of Industrial Hygienists.

(3)   No form of flammable, toxic, or other hazardous material shall be released into or upon any utility line, pit, dump, open ground, stream, or drainageway.

(4)   The container size, location, design, and construction of any storage tank, building, or facility for any flammable, toxic, or other hazardous material shall be approved by the fire marshal and the building official as a part of the building permit application and shall be based upon the requirements of the International Fire Code and the International Building Code.

(b)   Pollution.   

(1)   No operation or activity shall discharge or cause to be released into public waters any liquid or solid waste unless in conformance with the latest provisions of the Texas Commission on Environmental Quality, the Texas Department of Health, and/or the Texas Railroad Commission.

(2)   No operation or activity shall discharge or cause to be released into the atmosphere any smoke or particulate matter which exceeds the limits permitted by the latest requirements of the Texas Commission on Environmental Quality.

(c)   Nuisances.   

(1)   Lighting fixtures shall be arranged to shield direct light from crossing any zone boundary line.

(2)   No operation or activity shall at any time cause any earthborne vibration which results in a horizontal or vertical ground displacement in excess of 0.0002 inch at any facility property line.

Secs. 114-364 – 114-379. Reserved.

ARTICLE VII.        SUPPLEMENTARY DISTRICT REGULATIONS

DIVISION 1. GENERALLY

Sec. 114-380.       Purpose.

          The supplementary standards provided herein are for the purpose of maintaining orderly uses within each District compatible with the health and general welfare of the citizens of the City.

DIVISION 2. USES

Sec. 114-381.       Use table.

The use table of this section provides a tabular summary of the land use types permitted within each zoning district. The table is intended for reference only and does not necessarily reflect all of the regulations that may apply to particular uses or districts. If a conflict occurs between the use table and the regulations found within the individual district sections of article VI of this Ordinance, the text of the individual district regulations shall control.

(1)   Permitted by right.  Uses identified with a "P" are permitted by right and shall be permitted in the corresponding district subject to all other applicable standards of this Ordinance and Code requirements. 

(2) Specific Uses.  Uses identified with “S” are allowed in the corresponding district only with approval of a Specific Use Permit.

(3)   Not permitted.  Uses not identified in a particular district column are not allowed in such district. 

(4)   Conditions.  The final column of the use table (CONDS) contains references to supplementary use standards applicable to a use in one or more districts. The referenced standards appear in section 114-382 pertaining to supplementary use standards. 

Table VII.1:  USE TABLE

Table VII.2

PROPERTY DEVELOPMENT STANDARDS TABLE